PATRIOTS NEWS NFL Appeal oral arguments thread

[Galeb]

That's more than just a token gesture by the Patriots. That is fighting back. Clement was caught in a lie, it was proven by an outside source and he's pissed off about it. I hope he receives the harshest possible sanctions for lying to the court.

 

[Ring 6]

This worked. Regardless of whatever Clement says in his letter, the accusation that his brief and argument included lies is out in the open, and the judges will now be compelled to check the record. In other words, the problem was he was slipping lies through, and now they have been caught.

 

[ReverendMaynard]

This worked. Regardless of whatever Clement says in his letter, the accusation that his brief and argument included lies is out in the open, and the judges will now be compelled to check the record. In other words, the problem was he was slipping lies through, and now they have been caught.

I'm glad to see someone is stepping up. I was beginning to think the lawyers fraternity was going to let him slide without any one calling him on it. Still not sure why Kessler, etc. didn't do their own filing, but with judges being the wild cards they are, it's possible they didn't want to provide a distraction from their own arguments.

 

[Ross12]

So I am guessing that the lying accusations were being taken seriously enough that Clement felt he needed to address them... And he did so by attacking the messenger, predictably.

 

[QuantumMechanic]

In essence if the award is upheld, the are overruling not just Berman but Judge Doty (who saw that 46 did not give Goody the right to say what the law of shop or what facts are or aren't.).

Doty is/was in the 8th Circuit, so he would not be being overruled. Circuits are not bound by other circuits -- they can reach different, conflicting conclusions (which is a "circuit split"). Only SCOTUS has the power to rectify circuit splits, if it chooses to do so. (SCOTUS would rectify a split by taking an on-point case and deciding it -- all circuits would then have to follow whatever SCOTUS decided.)

 

[XLIX]

It's an absolutely fascinating dichotomy how the NFL represents the Patriots, and this case is (essentially) NFL versus Brady, but the Patriots are doing what they can to help their side lose the case.

 

[XLIX]

So I am guessing that the lying accusations were being taken seriously enough that Clement felt he needed to address them... And he did so by attacking the messenger, predictably.

I am glad an issue was made out of this. I am glad it was brought to the judges' attention. Even though Clement is trying to lawyer his way out of it, they can decide for themselves if he was being honest or not.

 

[RobertWeathers]

Doty is/was in the 8th Circuit, so he would not be being overruled. Circuits are not bound by other circuits -- they can reach different, conflicting conclusions (which is a "circuit split"). Only SCOTUS has the power to rectify circuit splits, if it chooses to do so. (SCOTUS would rectify a split by taking an on-point case and deciding it -- all circuits would then have to follow whatever SCOTUS decided.)

Correct. I meant what I said in more of the spirit of the ruling that he laid down and the philosophical difference they have in it.

 

[Ring 6]

So I am guessing that the lying accusations were being taken seriously enough that Clement felt he needed to address them... And he did so by attacking the messenger, predictably.

I don't think he will ever get sanctioned for lying, its too easy to dodge, as he did. But the point that what he presented was not fact, is now exposed, to the court.

 

[VectorPrime]

I cannot imagine that Clement will be punished in any way but this cannot be helping the NFL's case.

 

[Froob]

If the NFL wins, will there be an asterick on it?

 

[Ross12]

I don't think he will ever get sanctioned for lying, its too easy to dodge, as he did. But the point that what he presented was not fact, is now exposed, to the court.

Right. I don't think he will be sanctioned either, but I'm glad that it is apparently being taken seriously enough to be addressed and not just swept under the rug.

 

[SVN]

So I am guessing that the lying accusations were being taken seriously enough that Clement felt he needed to address them... And he did so by attacking the messenger, predictably.

 

[YOUGOTMOSSED]

I am glad an issue was made out of this. I am glad it was brought to the judges' attention. Even though Clement is trying to lawyer his way out of it, they can decide for themselves if he was being honest or not.

Maybe, but I suspect the judges are just going to ignore it or, even worse, come to Clement's defense. I'd be pleasantly surprised to be wrong about that.

 

[Ring 6]

Maybe, but I suspect the judges are just going to ignore it or, even worse, come to Clement's defense. I'd be pleasantly surprised to be wrong about that.

Doesn't really matter how they feel about whether it was lying or not, it matters that it has been pointed out to them that there are facts that were glossed over that they will now take into consideration, if they were not already doing so. The largest, IMO, being the characterization of Brady's testimony, which is still wrong in the letter.
By looking into whether Clement lied, they will be forced to see that Goodell ruled based upon testimony that didn't happen.

 

[cmasspatsfan]

Right. I don't think he will be sanctioned either, but I'm glad that it is apparently being taken seriously enough to be addressed and not just swept under the rug.

And it gets Goldbergs letter to Clement on the record too.

 

[Big-T]

Wait...isn't he lying AGAIN multiple times in that letter?

The guy is a fraud.

 

[Patriot Missile]

Wait...isn't he lying AGAIN multiple times in that letter?

The guy is a fraud.

If this is how big time lawyers work color me disappointed. Attack a statement of truth and paint your own picture around it? That was useless drivel/crap from Clements mouth to a keyboard to a paper.

 

[cmasspatsfan]

He's parsing the English language to the point it has no meaning.

 

[BradyFTW!]

So he's really mad that someone called him on his lies after the fact?

"Yeah, I lied, but there was a deadline to call me on it and that deadline has passed!"